No hospital lien is effective upon damages recovered for personal injuries unless:
A. a written notice is filed in the office of the county clerk of the county in which the hospital asserting the lien is located containing the following information:
(1) an itemized statement of all claims certified as correct by an agent of such hospital;
(2) the date of the accident;
(3) the name and location of the hospital; and
(4) the name of the person, firm or corporation alleged to be liable to the injured party for the injuries received; and
B. the hospital sends by certified mail with return receipt requested, prior to the payment of any money to the injured person or his attorneys or legal representative as compensation for the patient's injuries, a copy of the written notice, together with a statement of the date of filing, to the person, firm or corporation alleged to be liable to the injured party for the injuries sustained. The person, firm or corporation alleged to be liable to the injured person shall, upon request of the hospital, disclose the name of the insurance carrier that has insured the person, firm or corporation against liability; and
C. the hospital mails a copy of the written notice by certified mail with return receipt requested to the home office of any insurance carrier that has insured the person, firm or corporation against liability, if the name and address is known.
History: 1953 Comp., § 61-9-2, enacted by Laws 1961, ch. 227, § 2.
ANNOTATIONSSubstantial compliance sufficient for notice. — Substantial rather than strict compliance with the statutory notice provision satisfies the legislative intent. Sw. Cmty. Health Servs. v. Safeco Ins. Co., 1989-NMSC-042, 108 N.M. 570, 775 P.2d 1287.
Notice held sufficient. — Hospital substantially complied with the statutory notice provision, where notice was mailed to the insurer's home office in Albuquerque rather than Seattle, after the insurer's agent assured the hospital that the Albuquerque office was sufficient for serving notice upon the insurer. Sw. Cmty. Health Servs. v. Safeco Ins. Co., 1989-NMSC-042, 108 N.M. 570, 775 P.2d 1287.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 41 C.J.S. Hospitals § 15.